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Adoption of Children Act 1994
Part 4Recognition of adoptions
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Part 4 Recognition of adoptions
Adoption of Children Act 1994 29
may apply to the Court for an order declaring that an adoption of a
child was effected (whether before or after the commencement of
this Act) under the law of an overseas country and that the adoption
is one to which section 50 applies.
(2) A person making an application under subsection (1) shall serve a
copy of the application on the Minister.
(3) The Court may hear and determine an application made under
subsection (1) and may, if it thinks fit:
(a) direct that notice of the application be given to such persons
(including the Attorney-General) as the Court thinks fit;
(b) direct that a person be made a party to the application; or
(c) permit a person having an interest in the matter to intervene
in, and become a party to, the proceedings.
(4) Where the Court makes an order in determination of the
application, it may include in the order such particulars in relation to
the adoption, the adopted child and the adoptive parent or adoptive
parents as it finds to be established.
(5) For the purposes of the laws in force in the Territory, an order under
this section binds the Crown in right of the Territory, whether or not
notice was given to the Attorney-General, but, subject to
subsection (6), does not affect:
(a) the rights of another person unless that person was:
(i) a party to the proceedings for the order or a person
claiming through such a party; or
(ii) a person to whom notice of the application for the order
was given or a person claiming through such a person;
or
(b) an earlier judgment, order or decree of a court of competent
jurisdiction.
(6) In proceedings in a court of competent jurisdiction of the Territory,
being proceedings relating to the rights of a person other than a
person referred to in subsection (5)(a), the production of a copy of
an order made under this section, certified by a registrar to be a
true copy, shall be evidence that an adoption was effected in
accordance with the particulars contained in the order and that the
adoption is one to which section 50 applies.
Part 5 Registration of adoptions
Adoption of Children Act 1994 30